Paramount Contractors & Developers, Inc. v. City of Los Angeles

ORDER RE: DEFENDANT CITY OF LOS ANGELES’S MOTION TO DISMISS SECOND AMENDED COMPLAINT

Pending before the Court is the City of Los Angeles’s (the “City’s”) Motion to Dismiss Second Amended Complaint (“SAC”), filed on February 28, 2011. (Docket No. 72.) Plaintiffs Paramount Contractors and Developers, Inc., et al. (collectively “Paramount”) opposed on March 14, 2011 and the City replied on March 21, 2011. The Court heard oral argument on April 18, 2011. Following argument, the Court stayed this case while an appeal in a related case was pending. (Docket No. 85.) That appeal was dismissed as moot on May 25, 2011, and the parties stipulated to a schedule for supplemental briefing and submitted additional briefs on the impact of that ruling. (Docket Nos. 88, 89, 91, 94.) Notwithstanding that schedule, Paramount filed an unauthorized sur-reply brief on July 27, 2011, which was stricken as improper. (Docket No. 99.) With the extensive briefing from the parties, the Court found that no further oral argument was necessary and vacated the August 1, 2011 hearing date. (Docket No. 95.) For the reasons below, the Court GRANTS the City’s motion in its entirety and DISMISSES this case WITH…